XI. VERDICT AND JUDGMENT

Question 1

A. Verdict
1. Number of Jurors Needed for a Verdict
Example: Plaintiff sues defendant for breach of contract. For plaintiff to prevail, what is the minimum number of jurors that must agree in state district court, state county court, and state justice of the peace court?

2. Problems with Deliberations
   Example [February 2008 #19; February 2011 #15; February 2011 #18]: Suppose the jury retires to start deliberations and, within 30 minutes, sends the judge a note stating that they are hopelessly deadlocked and want to go home. What can be done?

Example [February 2008 #20; February 2011 # 19]: Suppose the jury reaches a verdict and returns to the courtroom. The court reviews the verdict and finds that the jury has not answered all questions in the charge. What can be done?

Answer 1

• state district court: 10 members of an original jury of 12 [February 2010 #15];
• state county court: 5 members of an original jury of 6; and
• state justice of the peace court: 5 members of an original jury of 6.

2. Problems with Deliberations

The court should give the jury a supplemental, verdict-inducing instruction. The trial judge may suggest that the jury further consider the charge in an effort to reach a verdict so long as the instruction is not found to be coercive.

If material questions have not been answered, the court should reject the verdict and, with proper instructions pointing out the defect, retire the jury for additional deliberations.

Question 2

Judgment

1. Judgment on the Verdict

Answer 2

Judgment
1. Judgment on the Verdict
The judge accepts the jury’s findings on the issues when there is some evidence to support that finding. A judge may disregard the jury’s findings only where there is no evidence (i.e., legally insufficient evidence) to support a finding or where the contrary evidence is conclusive. The court takes the jury’s findings, applies the law to those findings and renders a judgment.

Question 3

Example [February 2003 #18; July 2003 #20; February 2007 #20; July 2008 #20; July 2010 #19; February 2011 #20]: Suppose plaintiff sued defendant for breach of contract. The jury returns a very large verdict for plaintiff. Defendant feels that the jury’s verdict on damages is the result of emotion and is supported by no evidence. What motion, if any, is available to defendant to prevent the court from entering judgment on the verdict, and when must it be filed?

Answer 3

2. Judgment Notwithstanding the Verdict (Often Used by Defendants)
   A motion for judgment notwithstanding the verdict should be used to:
   • challenge the legal sufficiency of the evidence (i.e., no evidence supports a jury finding, no more than a mere scintilla, a mere surmise or suspicion);
   • to assert that the evidence conclusively establishes a fact opposite to the jury’s finding.

File a motion for a judgment notwithstanding the verdict. Although the rules do not have a time limit for its filing, case law provides that it may be filed after the court has entered judgment, but before it becomes final.

Question 4

Example [February 2009 #19; July 2009 #20]: Suppose plaintiff sues defendant for breach of contract. Defendant responds with the affirmative defense of coercion. The jury answers “yes” to plaintiff’s issues and to defendant’s affirmative defense. The verdict is for the defendant. Plaintiff wants to challenge the legal sufficiency of evidence supporting the affirmative defense. What motion would be proper?

In contrast, a judgment notwithstanding the verdict (motion JNOV)

Answer 4

3. Motion To Disregard the Verdict (Often Used by Plaintiffs)

Motion to Disregard the jury’s findings. This motion is proper if the movant must “knock out” one or more findings and rely on other findings in order to get a favorable judgment. Here, plaintiff must “knock out” (i.e., show that no evidence supports) the jury’s finding on the affirmative defense and rely on the jury’s findings on his claim of breach of contract.

In contrast, a judgment notwithstanding the verdict (motion JNOV) is proper when “knocking out” (i.e., showing no evidence supports) one or more jury findings entitles the movant to a judgment. The motion JNOV asks the court to render judgment based upon one or more findings that are supported by no evidence, while a motion to disregard asks for judgment based on the remainder of the verdict after disregarding one or more findings.